NAVIN KUMAR JAIN,INDORE vs. ITO ACIT DYCIT FACELESS ASSESSMENT, INDORE

ITANo.468 & 469/Ind/2023 3 Navin Kumar Jain The appellant offered net profit of Rs. 759001/- on sales of Rs. 52,34,493/- in the return of income filed in response to notice u/s 148 and paid tax thereon. The learned AO has failed to appreciate these facts in the order of assessment. He erred in making huge addition of Rs. 52,34,493/- without appreciating that cash was not deposited with account with Dhyanradha Society but the parties deposited cheque in the said account on account of sales effected to them. (Tax Effect Rs. 15,35,882/-) 3. Only net profit embedded in sales can be added or peak credit in bank account can be added The CIT(Appeals) erred in law and on facts in not appreciating that considering the deposits and also withdrawals from the said bank account only profit embedded in the undisclosed turn over ought to be assessed as income. The Id CIT(Appeals) also erred in law and on facts in confirming the addition of entire gross amount of deposits in the bank account when the sources of the said deposits were explained to be unaccounted sales of garments purchased from withdrawals from the said bank account and hence only peak amount could be added as claimed by the appellant in the statement during the course of the survey. (Tax Effect Rs. 15,35,882/-) 4. Adoption of GP is justified on unrecorded trading results Both the lower authorities failed to appreciate the submissions and explanations that the deposits in the bank account were from unaccounted trading and hence there was no justification to hold that as there were no bills for sales and purchase, the adoption of only Gross profit was not to be accepted. (Tax Effect Rs. 15,35,882/-) 5. Entire deposit in bank cannot be added in absence of purchase bills The learned CIT(A) erred in confirming the above additions holding that since no proof of purchases corresponding to the undeclared sales outside the books of account is given, the amount deposited with Dhyanradha Multi State Credit Co- operative Society Ltd corresponds to the undisclosed profit on sales already declared in the return of income filed by the assessee. He failed to appreciate that if entire addition is confirmed, the GP rate would go very and gives distorted result which is unjustified as heldf in case of PCIT vs. Rameshwar Mills Ltd. (Tax Appeal no. 527 of 215) (GujHC). (Tax Effect Rs. 15,35,882/-)

ITANo.468 & 469/Ind/2023 4 Navin Kumar Jain 6. Any other ground may be allowed to be raised subsequently That the appellant further craves leave to add, to alter and/or to amend any other ground of appeal as and when necessary. (Tax Effect Rs. 15,35,882/-)”

2. The assesse is a proprietor of Navin Garments and engaged in the business of manufacturing and sale of readymade garments. The assessee filed his return of income for the year under consideration on 18th September 2023 declaring total income of Rs.21,11,637/-. The AO reopened the assessment by issuing notice u/s 148 on 31.03.2021 on the basis of the information received regarding huge cash deposit with M/s Dhyanradha Multi State Credit Co-operative Society Ltd. to the tune of Rs.50,17,236/-. The AO framed the assessment u/s 144 r.w. section 144B of the Act whereby addition of Rs.50,17,236/- was made to the total income of the assessee u/s 69 of the Act. The assesse challenged the action of the AO before the CIT(A) but could not succeed.

3. Before the Tribunal the Ld. AR of the assessee has submitted that the reasons recorded by the AO are not factually correct as there was no cash deposit in the bank account of the assessee as alleged by the AO. All the deposits in the bank account are through banking channels and most of them are through cheque as received by the assessee from various dealers of Readymade Garments to whom the assessee sold the goods. Ld. AR has submitted that assessee deals in readymade garments which were sold to the various outstation parties mostly in Maharashtra and sales proceeds were deposited by these parties through cheques and not in cash. He has further submitted that though this amount of Rs.50,17,236/- is turnover of the assessee from sales of readymade garments however, the same was not disclosed by the assessee in the original return of income. Therefore, the Ld. AR has submitted that the ITANo.468 & 469/Ind/2023 5 Navin Kumar Jain said income was offered to tax by the assessee in the return of income filed in response to notice u/s 148 of the Act. Ld. AR has submitted that once the credit in the bank account represents turnover of the assessee and the assessee has offered the income to the tune of Rs.7,62,118/- being gross profit on the said sales then the addition made by the AO of the entire turnover is not justified and liable to be deleted. Ld. AR has submitted that the assessee has duly filed his reply to the show cause notice issued by the AO dated 16.03.2022 and also filed an affidavit of the assessee to explain the nature of deposits along with the details of the entire deposit and bank account statement of the assessee with the M/s Dhyanradha Multi State Credit Co-operative Society Ltd. The assessing officer without considering return of income in response to notice u/s 148 as well as reply of the assessee along with supporting evidences has passed the impugned order u/s 144 of the Act which is arbitrary and contrary to the facts.

3.1 He has then referred to the draft assessment order and submitted that the AO in para six of the draft assessment has proposed to make the addition for A.Y.2017-18 whereas the assessment was to be framed for A.Ys.2013-14 & 2014-15. The assessee specifically pleaded before the AO that the necessary inquiries may be conducted from the parties whose details were submitted before the AO for verification of sales made to those parties. The assessee explained that all those parties are outstation parties and dealers of readymade garments to whom the assessee sold goods and received the chques from these parties which were deposited in the said account. Thus, Ld. AR has submitted that the assessee has furnished the details of all the parties from whom the cheques were received by the assessee against sales of readymade garments and also requested the AO to verify this fact by conducting an inquiry from these

ITANo.468 & 469/Ind/2023 6 Navin Kumar Jain parties. Thus the assessee has discharged its onus to explain the nature and source of these credits made in the bank account. The AO as well as CIT(A) without considering all these details or conducting any independent inquiry from these parties has made an addition which is not justified as contrary to the facts brought on record. Thus, Ld. AR has submitted that sales cannot be regarded as profit when the assessee has already declared the income from these undisclosed sales in the return of income filed in response to notice u/s 148 of the Act. The net profit declared by the assessee is in the line of the net profit prevailing in the business of manufacturing and sale of readymade garments. Ld. AR has referred to the comparative chart of the net profit and submitted that as against the normal net profit of 4% to 6% in the business of readymade garments the assessee offered the income on this sale by declaring profit @15.19% in the return filing in response to notice u/s 148 of the Act. Ld. AR then referred to the bank account statement and submitted that all the credit entries in the bank account statement are through cheques and banking channels therefore, no cash was deposited by assessee or any party in the bank account of the assesse. The entire case of the AO is on the premises that the assessee has deposited huge cash in the bank account which is contrary to the facts as reflected form the bank account statements.

3.2 Ld. AR has thus submitted that as per details of bank account statements it is clear that the deposits are in the nature of turnover of the assessee though it is out of books of account on which the assessee has declared income in the return of income filed in response to notice u/s 148 of the Act. The assessee declared income @ 15.19 % and 16.02 % in comparison to overall net profit declared by the assessee for these two assessment years @5.63% & 5.83% respectively. These facts are also ITANo.468 & 469/Ind/2023 7 Navin Kumar Jain acknowledged by the CIT(A) in the impugned order however, the CIT(A) did not consider and appreciate these facts and documentary evidences while passing impugned order. Ld. AR has submitted that the assessee relied upon various decisions as referred in para six of the CIT(A) however, the CIT(A) has passed the impugned order without considering those case laws. Thus, Ld. AR has submitted that the details produced by the assessee clearly reflects that the entire credit in the bank account is representing turnover of the assessee and corresponding withdrawal of cash is used by the assessee for purchase all material and goods in the manufacturing of readymade garments. He has relied upon following decisions:

1. CIT vs. Balchand Ajit Kumar 135 Taxman 180 2.CIT vs. Leo Formulations P. Ltd. 48 taxmann.com 328 3.CIT vs. Gurubachhan Singh J. Juneja 171 Taxman 406 4. Man Mohan Sadani vs. CIT 188 Taxman 277 5. Pr. CIT vs.M/s. Rameshwar Textile Mills Ltd. (Tax Appeal 629/2016 order dated 29.08.2016

4. On the other hand, Ld. DR has submitted that the assesse has not produced any evidence to show that the deposit in the bank account representing turnover of the assessee. The assesse has not furnished any purchase or sale bills therefore, in absence of any evidence to support the claim of the assessee the AO is justified in making addition of the deposit in the bank account. He has further submitted that the assessee even did not disclose bank account in question in the return of income filed u/s 139 of the Act and therefore, income offered by the assessee in the return of income filed in response to notice u/s 148 of the Act is an afterthought

ITANo.468 & 469/Ind/2023 8 Navin Kumar Jain attempt by the assessee to avoid the tax. He has relied upon the orders of the authorities below.

“2. Credible Information in the case of the assessee was received on Insight portal of the department, uploaded by Deputy Director of Income Tax (Inv.) Unit-III, Indore. As per verification details of the information and investigation report of in the case of M/s Dhyanradha Multi State Credit Co-operative society Ltd., it was found that, huge cash has been deposited in the various account maintained in Indore Branch of Dhyanradha Multi State Co-operative Credit Society Ltd. It is seen that after the society was depositing cash in the Axis Bank Account bearing number 911010037459714, the funds were transferred to other parties by RTGS etc. The assessee is one of the beneficiaries of the cash deposits. The asseessee had deposited cash of Rs. 50,17,236/-in the account of society and the same was not disclosed in the return of income. Cash deposition in this case remained unexplained.The facts have been examined and found correct.

The AO noted that the assessee has not filed any return of income in ITANo.468 & 469/Ind/2023 9 Navin Kumar Jain response to notice u/s 148 nor filed any explanation on e-assessment portal in response to notice issued u/s 142(1) of the Act. The AO then issued show cause notice on 03.02.2022 asking assessee to furnish complete documents by 09.02.2022 failing which the assessment will be finalized u/s 144 of the Act. The AO further recorded that the assessee has neither filed any return of income nor filed any explanation on e- assessment portal in response to the show cause notice and consequently the AO proceeded as per the provisions of section 144 of the Act. The AO framed the assessment on best judgment basis u/s 144 whereby the addition of Rs.50,17,236/- was made to the total income of the assessee. To counter the observations of the AO the assessee has filed the acknowledgment of filing of submission in response to show cause notice dated 03.02.2022 issued by AO. This reply of the assessee as per e-processing acknowledgment was filed on 08.02.2022 therefore, the assessee has made compliance to the notices issued by the AO on 28.02.2022 then stipulated period up to 08.02.2022. The assesse also filed reply and written submissions vide acknowledgment at page no.56 & 57 which is reproduced as under:

ITANo.468 & 469/Ind/2023 10 Navin Kumar Jain

ITANo.468 & 469/Ind/2023 11 Navin Kumar Jain 5.2 Further the assesse has also filed the return of income vide acknowledgement dated 17.02.2022 placed at page no.25 to 28 of the paper book as under:

ITANo.468 & 469/Ind/2023 12 Navin Kumar Jain ITANo.468 & 469/Ind/2023 13 Navin Kumar Jain ITANo.468 & 469/Ind/2023 14 Navin Kumar Jain

ITANo.468 & 469/Ind/2023 15 Navin Kumar Jain 5.3 Thus, the assessee not only complied with notices issued by the AO and furnished the necessary details and reply along with bank statements, tax audit report, computation, form 26AS etc. but also filed the return of income in response to notice u/s 148 whereby an additional income of Rs.7,62,118/- @ 15.19% on the turnover of Rs.50,17,256/- was offered to tax. The assessee has explained the source of deposit as the sale proceeds of readymade garments to various outside station parties on which the profit @15.19% was declared and offered to tax over and above the income of Rs.21,11,637/- declared in the original return of income filed u/s 139 of the Act. The AO issued show cause notice along with draft assessment order dated 16.03.2022. The assesse also filed its reply to the draft assessment order/show cause notice dated 16.03.2022 vide acknowledgment dated 18.03.2022 placed at page no.64 of the paper book as under:

ITANo.468 & 469/Ind/2023 16 Navin Kumar Jain

ITANo.468 & 469/Ind/2023 17 Navin Kumar Jain 5.4 Thus, it is evident from the record that the assessee has responded to the notices issued by the AO including show cause notice along with draft assessment order and filed the written submission as well as affidavit. The AO has framed final assessment order dated 22.03.2022 and made addition of Rs.50,17,236/- in para 3 to 6 as under:

“3. Therefore, in view of the above, it is revealed that the income to the extent of Rs 50,17,236/- has escaped from assessment for A.Y. 2013-14 within the meaning of provisions of section 147 of the Income-Tax Act 1961 by not offering the same for tax. Notice u/s 148 of IT Act, 1961 was issued on 31.03.2021 after taking the necessary approval from competent authority after recording the reasons for reopening of the assessment for the AY 2013-14 u/s 147 of IT Act, 1961. The assessee has made no compliance to the said notice. Further notices u/s 142(1) were issued on 13.11.2021 & 13.12.2021 and asked to file the return of income in response to notice issued u/s 148 of IT Act, 1961 dated 31.03.2021. In response to these notices assessee has neither filed any return of income nor filed any explanation on e-assessment portal. Thereafter, for the natural justice again the show cause notice issued on 03.02.2022 for the dated 08.02.2022 and stated the assessee 'Please note that in case of failure to furnish the complete information/documents by the stipulated date proceedings shall be finalized under the provisions of section 144 of Income Tax Act, 1961 on the basis of material and information available on record, without giving any further opportunity of being heard.' Again the assessee has neither filed any return of income nor filed any explanation on e-assessment portal in response to above said notice. The case was marked as non- responsive and a show cause notice alongwith the notices earlier

ITANo.468 & 469/Ind/2023 18 Navin Kumar Jain issued to the assessee were also sent through the DVU in accordance with the guidelines issued by the CBDT in this regard vide the SOP of intent. However, no compliance has been made to these notices also by the assessee.

ITANo.468 & 469/Ind/2023 19 Navin Kumar Jain regarding source of depositing of cash in his bank account. In view of the facts of the case and material available on the record amounting of Rs. 50,17,236/- are hereby deemed to be income of the assessee of u/s 69 of IT Act, 1961 for the FY 2016-17 i.e. AY 2017-18 and added back to the income of the assessee for the year under consideration. The Income assessed u/s. 69 is taxed u/s 115 BBE of the Act, 1961 and penalty proceedings u/s 271(1)(c) of IT Act are initiated separately for furnishing the inaccurate particulars of his income. With the above observations, total income of the assessee is computed as under:- Net Income declared by the assesse : Rs. 21,11,637/- Add:- As discussed above in para 6 : Rs. 50,17,236/- Total Income : Rs. 71,28,873/- Assessed at Rs.71,28,873/-. u/s 144 r.w.s. 144B of the IT Act. Charge interst as per provision of IT Act. Issue requisite documents alongwith copy of this order. Penalty preceding u/s 271(1)(c) of IT Act, 1961 as discussed above is being initiated. Penalty preceding u/s 271(1)(b) of IT Act, 1961 for non compliance of notice issued u/s 142(1) of IT act dated 03.02.2022 is being initiated.” 5.5 It is manifest from the assessment order that the same was passed by the AO without considering the reply filed by the assessee vide acknowledgment dated 28.02.2022 as well as without considering the return of income filed by the assessee vide acknowledgment dated 17.02.2022 and reply to the show cause notice on draft assessment dated 16.03.2022 vide acknowledgment dated 18.03.2022. All these replies of the assessee as well as return of income are matter of record duly substantiated with the acknowledgment issued by the e-processing system of the department however, the AO has completely ignored all the replies filed by the assessee as well as the return of income in response to notice u/s 148 of the Act.

ITANo.468 & 469/Ind/2023 20 Navin Kumar Jain 5.6 Before the CIT(A) the assessee has filed a detailed submissions along with all these documents as filed before the AO during the assessment proceedings and explained the nature of transactions of deposit in the account with credit society and source of the said deposit. The CIT(A) has reproduced the reply of the assessee at page no.5 to 27. The relevant part of the submissions of the assessee before the CIT(A) is reproduced here for ready reference as under:

“1.The assessee derives income from manufacture and sale of readymade garments on whole sale basis. There are deposits of Rs. 52,34,493/- in bank account with Dnyanradha Multi State Co-operative Society Ltd. which were not disclosed in the original return. These deposits represent sales made to various parties and payment made by these outstation parties. A complete party-wise details of parties to whom sale were effected and payment thereof was received are as under :-

Details of Transactions in bank account with Dnyaradha Multistate Co-op. Cr scty Ltd. From 01-04-2013 to 31-03-2014 Date Narration Debit Address Credit Balance 48214 Opening Balance Aaradhna 04-03-13 Patoda 28586 76,800.00 Fashion 04-03-13 Anuradha Main Road, Murud 12665 89,465.00 Boyz Lal Mandir, 04-03-13 Fashion 12067 1,01,532.00 Chimcholi Wear 100500 04-04-13 By Hand 1,032.00 Near Jain Mandir, 04-04-13 P.S Brothers 14230 15,262.00 Bhum Akshay Kapda Market, 04-04-13 44979 60,241.00 Emporium Hadgaon Subhash Road, 04-04-13 Alias Gallery 23457 83,698.00 Karjat Bank 50 04-08-13 83,648.00 Charges Shubhash Road 04-10-13 Best One 14973 98,621.00 Vellur Main Road 04-10-13 Tharagai 24633 1,23,254.00 Cuddalore Pooja Near Bus Stand 16/4/2013 14810 1,38,064.00 Garments Addanki Rajesh Main Road 16/4/2013 19350 1,57,414.00 Garments Siddhipeth

ITANo.468 & 469/Ind/2023 21 Navin Kumar Jain

22/4/2013 D.D. Varude Nimsod, Karad 33068 1,90,482.00 189000 22/4/2013 By Hand 1,482.00 22/4/2013 Bharat Tanga Stand Jalna 9988 11,470.00 Kamsala Street 25/4/2013 Lata 24052 35,522.00 Raichoty Aashirwaad Sawariyan Bazaar, 25/4/2013 30989 66,511.00 Garments Karanja Ajanta 25/4/2013 M.G. Road Pollachi 24000 90,511.00 Garments New 25/4/2013 Near Masjid Mul 9455 99,966.00 Bhargav Baba Girls Diamond Colony, 29/4/2013 45487 1,45,453.00 And Boys Bhokar Dream M T H Market 29/4/2013 15555 1,61,008.00 Shoppee Rasipuram Jagrati Gandhi Chowk 29/4/2013 12036 1,73,044.00 Garments Hingoli Rajasthan Apmc Cotton Market 29/4/2013 6118 1,79,162.00 Bro Haveri Vijay Main Market 29/4/2013 10211 1,89,373.00 Textiles Bhavani Near Axis Bank, 05-03-13 Jamadar 36716 2,26,089.00 Akhluj Near Ganesh 05-03-13 Gudege 40436 2,66,525.00 Mandir, Lounda 3/5/2013 R S Fashion P N Road Adoni 31753 2,98,278.00 Super Market 05-03-13 Classic 15301 3,13,579.00 Gulbarga Ramesh 05-10-13 Saroli Road Bellary 23580 3,37,159.00 Fashion Laxmi Nagar, 05-10-13 Baby Zone 31369 3,68,528.00 Chakan 05-10-13 Bhramdam Main Road Badvel 27999 3,96,527.00 Renuka 05-11-13 Govt Hospital Sillod 19370 4,15,897.00 Garments 300000 15/5/2013 Self Cash 1,15,897.00 Ganesh 17/5/2013 Main Road Medak 12709 1,28,606.00 Mens Ambika Jawahar Marg 20/5/2013 23756 1,52,362.00 Stores Osmanabad New M T Market 20/5/2013 17800 1,70,162.00 Sandhya Kovilpatti Shakti 20/5/2013 Bus Stand Nirmal 24431 1,94,593.00 Reaymade Mens Tumsar Main Road, 20/5/2013 43880 2,38,473.00 Collection Tumsar 20/5/2013 Chandana C B Road Tadapatri 10832 2,49,305.00 20/5/2013 Apna Bazar Main Road Pamidi 18391 2,67,696.00 2,84,750.00 Bhumi 20/5/2013 Andhra Bank Salur 17054 Fashion

ITANo.468 & 469/Ind/2023 22 Navin Kumar Jain

Radhika Near Govt Hospital 20/5/2013 24171 3,08,921.00 Garments Bider 20/5/2013 Hellow Kids A B Road Sirpur 18732 3,27,653.00 Agrawal 22/5/2013 Main Road, Mettur 37179 3,64,832.00 Hosiery Ramu Gandhi Chowk 22/5/2013 28152 3,92,984.00 Readymade Sirsilla Sindhur Shubhas Road 22/5/2013 30000 4,22,984.00 Garments Anantpur 27/5/2013 Ronak Gar Veni Chowk Gadwal 30000 4,52,984.00 Shubhash Chowk 27/5/2013 Lucky Kids 26334 4,79,318.00 Puttur Railway Station 27/5/2013 Dalmiya 26204 5,05,522.00 Road Kavali Ganesh 27/5/2013 Samta Nagar Gudur 34375 5,39,897.00 Fashion Shyam 27/5/2013 Ratan Giri Tonk 30000 5,69,897.00 Garments Harish Ground Floor 27/5/2013 30000 5,99,897.00 Garments Market Mancherial Ratan Thirayur Road 27/5/2013 18151 6,18,048.00 Garments Musuri Kannika Near Ganesh 27/5/2013 38775 6,56,823.00 Showroom Mandir Kannur Sindhur 28/5/2013 Main Road Hoskot 14035 6,70,858.00 Garments Rajesh 30/5/2013 Canara Bank Hiriyur 1000 6,71,858.00 Readymade 670000 30/5/2013 By Hand 1,858.00 Sanskriti Jalna Ambed Road, 31/5/2013 14900 16,758.00 Kids Ambed Sandhya 31/5/2013 M.G. Road Tumkur 31039 47,797.00 Readymade 06-01-2013 C B Road Decent 30182 77,979.00 Hyderabad 06-01-2013 Ram Leela Ram 50000 1,27,979.00 Kids Ward,Khandaar 06-01-2013 Station Road, Parwar 6161 1,34,140.00 Allephata 06-04-2013 Emporium Bazar Apna Stores 29141 1,63,281.00 Kandukur 06-05-2013 Vijay Chowk Rukmani 33252 1,96,533.00 Shrigonda 06-05-2013 Shri Fashion Main Road Kovilpatti 28650 2,25,183.00 06-05-2013 Shrinath Rahman Plaza 12978 2,38,161.00 Garments Tenkansi 06-05-2013 Rungata Tower Bharat Tex 30000 2,68,161.00 Ongale 06-05-2013 Vamsi Near Andhra Bank 10390 2,78,551.00 Readymade Kodur 06-05-2013 Parvaar Kids Pune Road, Akole 9914 2,88,465.00 06-07-2013 Tuk Tuk Gandhi Chowk 20000 3,08,465.00 Fashion Tenali

ITANo.468 & 469/Ind/2023 23 Navin Kumar Jain

Near Pream 06-08-2013 Venkateshwara 12526 3,20,991.00 Readymade Temple Eluru 06-08-2013 Seeta Sita 49603 3,70,594.00 Collection Bazaar,Gangakhed 06-08-2013 M.G. Road Dream 26275 3,96,869.00 Nandigama 06-08-2013 Subhash M.G. Road, Karad 26024 4,22,893.00 Kids Chandrika 13/6/2013 Jindal Market Jalna 24786 4,47,679.00 Fashion Rupali 13/6/2013 Nehru Road Tenali 25000 4,72,679.00 Stores 13/6/2013 Krishna Station Road Nashik 14962 4,87,641.00 Shivani Kids Damodar 14/6/2013 31635 5,19,276.00 Wear Street,Kurla Vishal 14/6/2013 Main Road Bhokar 23236 5,42,512.00 Fashion Chandni Bazaar, 14/6/2013 Tata Kids 46308 5,88,820.00 Chakur 587000 19/6/2013 By Hand 1,820.00 Kavya 20/6/2013 Patel Chowk Barsi 45718 47,538.00 Garments Padam 27/6/2013 Rajendra Ward, Vita 10447 57,985.00 Kanta Lalit K T Road 28/6/2013 14198 72,183.00 Garments Kasibugga Dinesh Bus Stand Road 28/6/2013 14657 86,840.00 Readymade Husur Shubham Super Market 28/6/2013 25000 1,11,840.00 Garments Hassan 07-02-2013 Gandhi Marg, K.J. Girls 30124 1,41,964.00 Indagpur Bank Chq 33.71 07-02-2013 1,41,930.29 Clg Charges 07-05-2013 Akshay Kapda Market, 12096 1,54,026.29 Emporium Hadgaon 07-05-2013 Main Road Tharagai 21032 1,75,058.29 Cuddalore 07-05-2013 Pream Koti Road Tuticorin 15781 1,90,839.29 Fashion 07-05-2013 D.D. Varude Nimsod, Karad 20193 2,11,032.29 07-05-2013 Kannika Near Ganesh 48396 2,59,428.29 Showroom Mandir Kannur 07-05-2013 Near Jain Mandir, P.S Brothers 13081 2,72,509.29 Bhum 07-09-2013 Apna Bazar Main Road Pamidi 25777 2,98,286.29 297000 07-10-2013 By Hand 1,286.29 07-12-2013 Kamsala Street Lata 48396 49,682.29 Raichoty 07-12-2013 Chandana C B Road Tadapatri 47471 97,153.29 07-12-2013 Near Ram Kgf Fashion 35245 1,32,398.29 Mandir,Jintur

ITANo.468 & 469/Ind/2023 24 Navin Kumar Jain

07-12-2013 Parbhani Krishna Mall 47557 1,79,955.29 Marg,Sonpet Agrawal 18/7/2013 Main Road, Mettur 35364 2,15,319.29 Hosiery 18/7/2013 Bharat Tanga Stand Jalna 26460 2,41,779.29 Near Axis Bank, 18/7/2013 Jamadar 6678 2,48,457.29 Akhluj Ganesh 18/7/2013 Main Road Medak 14520 2,62,977.29 Mens 26460 18/7/2013 Chq Return 2,36,517.29 New M T Market 23/7/2013 32309 2,68,826.29 Sandhya Kovilpatti Ajanta 26/7/2013 M.G. Road Pollachi 25979 2,94,805.29 Garments Dream M T H Market 26/7/2013 16942 3,11,747.29 Shoppee Rasipuram Aashirwaad Sawariyan Bazaar, 27/7/2013 33946 3,45,693.29 Garments Karanja 08-03-2013 Vijay Main Market 26460 3,72,153.29 Textiles Bhavani 08-03-2013 Renuka Govt Hospital Sillod 26891 3,99,044.29 Garments 08-03-2013 Kapil Main Road , Mantha 9849 4,08,893.29 Fashion 08-03-2013 Pooja Near Bus Stand 49839 4,58,732.29 Garments Addanki By Hand 08-08-2013 Sachin 457000 1,732.29 Patidar 08-10-2013 Sindhur Shubhas Road 16233 17,965.29 Garments Anantpur 08-10-2013 Radhika Near Govt Hospital 25043 43,008.29 Garments Bider 08-10-2013 Shubhash Road Best One 30906 73,914.29 Vellur 08-10-2013 Ambika Jawahar Marg 27030 1,00,944.29 Stores Osmanabad 08-10-2013 Shubhash Chowk Lucky Kids 10771 1,11,715.29 Puttur 08-10-2013 New Near Masjid Mul 11000 1,22,715.29 Bhargav 08-10-2013 Super Market Classic 8354 1,31,069.29 Gulbarga 56 Bank 14/8/2013 1,31,013.11 Charges Baba Girls Diamond Colony, 17/8/2013 14680 1,45,693.11 And Boys Bhokar Harish Ground Floor 19/8/2013 25000 1,70,693.11 Garments Market Mancherial By Hand 169000 23/8/2013 1,693.11 Nikunj Jain 26/8/2013 Bhramadam Main Road Badvel 24959 26,652.11 Ramu Gandhi Chowk 26/8/2013 28241 54,893.11 Readymade Sirsilla

ITANo.468 & 469/Ind/2023 25 Navin Kumar Jain

Ganesh 26/8/2013 Samta Nagar Gudur 11383 66,276.11 Fashion Bhumi 26/8/2013 Andhra Bank Salur 31220 97,496.11 Fashion 26/8/2013 Hellow Kids A B Road Sirpur 18701 1,16,197.11 Shakti Old Bus Stand 26/8/2013 28060 1,44,257.11 Readymade Nirmal Shyam 26/8/2013 Ratan Giri Tonk 9981 1,54,238.11 Garments 09-04-2013 Ronak Gar Veni Chowk Gadwal 15139 1,69,377.11 09-04-2013 Gandhi Marg, K.J. Girls 7083 1,76,460.11 Indagpur 09-04-2013 Jagrati Gandhi Chowk 19462 1,95,922.11 Garments Hingoli 09-04-2013 Railway Station Dalmiya 22858 2,18,780.11 Road Kavali 09-04-2013 Rajasthan Apmc Cotton Market 33656 2,52,436.11 Bro Haveri 09-04-2013 Pream Koti Road Tuticorin 14367 2,66,803.11 Fashion 09-04-2013 Chandana C B Road Tadapatri 31008 2,97,811.11 09-04-2013 Ratan Thirayur Road 8854 3,06,665.11 Garments Musuri 09-04-2013 Rajesh Canara Bank Hiriyur 34618 3,41,283.11 Readymade 09-04-2013 Tirumala Loha 12941 3,54,224.11 Fashion Muskan 09-07-2013 Street Main Road Timurani 8663 3,62,887.11 Fashion 09-07-2013 R S Fashion P N Road Adoni 10751 3,73,638.11 09-07-2013 Renuka Temple Muthuvara 9702 3,83,340.11 Stores Thrissur 09-07-2013 Krishna Station Road Nashik 16121 3,99,461.11 09-07-2013 Tuk Tuk Gandhi Chowk 6202 4,05,663.11 Fashion Tenali 09-07-2013 Sandhya M.G. Road Tumkur 17141 4,22,804.11 Readymade By Hand 09-11-2013 Pajendra 421500 1,304.11 Patil Ramesh 13/9/2013 Saroli Road Bellary 10966 12,270.11 Fashion Rajesh Main Road 13/9/2013 33356 45,626.11 Garments Siddhipeth C B Road 13/9/2013 Decent 18064 63,690.11 Hyderabad Mens Tumsar Main Road, 13/9/2013 9863 73,553.11 Collection Tumsar Vijay Chowk 19/9/2013 Rukmani 15308 88,861.11 Shrigonda Near Pream 19/9/2013 Venkateshwara 18775 1,07,636.11 Readymade Temple Eluru

ITANo.468 & 469/Ind/2023 26 Navin Kumar Jain

Chandni Bazaar, 25/9/2013 Tata Kids 38893 1,46,529.11 Chakur 389 Obc 25/9/2013 1,46,140.11 Commission By Hand 100000 26/9/2013 46,140.11 Juber 10-03-2013 Rupali Nehru Road Tenali 16632 62,772.11 Stores 10-03-2013 Dinesh Bus Stand Road 17876 80,648.11 Readymade Husur 10-03-2013 Main Road Tharagai 27316 1,07,964.11 Cuddalore 10-03-2013 Vishal Main Road Bhokar 21343 1,29,307.11 Fashion 10-03-2013 Parbhani Krishna Mall 6869 1,36,176.11 Marg,Sonpet Bank 50 10-07-2013 1,36,126.11 Charges By Hand 10-12-2013 Manoj 135000 1,126.11 Rathore 15/10/2013 Kavya Patel Chowk Barsi 13360 14,486.11 Garments 15/10/2013 Apana Emporium Bazar 31532 46,018.11 Stores Kandukur 15/10/2013 Shri Fashion Main Road Kovilpatti 15000 61,018.11 15/10/2013 Rungata Tower Bharat Tex 38480 99,498.11 Ongale 17/10/2013 Renuka Temple Muthuvara 26866 1,26,364.11 Stores Thrissur 22/10/2013 Vamsi Near Andhra Bank 17096 1,43,460.11 Readymade Kodur 22/10/2013 Shubham Super Market 16550 1,60,010.11 Garments Hassan 22/10/2013 Lalit K T Road 8925 1,68,935.11 Garments Kasibugga 28/10/2013 Chandrika Jindal Market Jalna 19213 1,88,148.11 Fashion 28/10/2013 M.G. Road Dream 10128 1,98,276.11 Nandigama 28/10/2013 Kannika Near Ganesh 34782 2,33,058.11 Showroom Mandir Kannur By Hand 232000 30/10/2013 1,058.11 Nikunj Jain 11-08-2013 Vishvas Paras Marg, Nilanga 44338 45,396.11 Fashion 11-08-2013 Sindhur Main Road Hoskot 40000 85,396.11 Garments 11-08-2013 Rungata Tower Bharat Tex 40000 1,25,396.11 Ongale 1,40,206.11 Near Pream 11-08-2013 Venkateshwara 14810 Readymade Temple Eluru

ITANo.468 & 469/Ind/2023 27 Navin Kumar Jain

16/11/2013 Pream Koti Road Tuticorin 46308 1,86,514.11 Fashion 16/11/2013 Ganesh Samta Nagar Gudur 24817 2,11,331.11 Fashion 16/11/2013 Shri Fashion Main Road Kovilpatti 19173 2,30,504.11 16/11/2013 Shrinath Rahman Plaza 11444 2,41,948.11 Garments Tenkansi 16/11/2013 Rajesh Canara Bank Hiriyur 33175 2,75,123.11 Readymade 16/11/2013 Sandhya M.G. Road Tumkur 13592 2,88,715.11 Readymade 16/11/2013 Renuka Temple Muthuvara 35108 3,23,823.11 Stores Thrissur 16/11/2013 Laxmi Nagar, Baby Zone 10251 3,34,074.11 Chakan 16/11/2013 Ambika Jawahar Marg 3978 3,38,052.11 Stores Osmanabad 16/11/2013 Vishal Main Road Bhokar 24480 3,62,532.11 Fashion 19/11/2013 Tuk Tuk Gandhi Chowk 47376 4,09,908.11 Fashion Tenali Boyz Lal Mandir, 19/11/2013 Fashion 24143 4,34,051.11 Chimcholi Wear 19/11/2013 Near Axis Bank, Jamadar 19105 4,53,156.11 Akhluj 452000 By Hand 20/11/2013 1,156.11 Nikunj Jain 22/11/2013 D.D. Varude Nimsod, Karad 12964 14,120.11 22/11/2013 Shubham Super Market 15050 29,170.11 Garments Hassan 22/11/2013 Kavya Patel Chowk Barsi 41259 70,429.11 Garments 22/11/2013 M.G. Road Dream 11016 81,445.11 Nandigama 22/11/2013 Chandrika Jindal Market Jalna 19023 1,00,468.11 Fashion 22/11/2013 Rupali Nehru Road Tenali 17330 1,17,798.11 Stores 22/11/2013 Shyam Ratan Giri Tonk 41208 1,59,006.11 Garments 22/11/2013 Harish Ground Floor 42645 2,01,651.11 Garments Market Mancherial 22/11/2013 Krishna Station Road Nashik 23000 2,24,651.11 23/11/2013 Vijay Chowk Rukmani 42021 2,66,672.11 Shrigonda 23/11/2013 Lalit K T Road 18562 2,85,234.11 Garments Kasibugga 23/11/2013 Apna Bazar Main Road Pamidi 36107 3,21,341.11 23/11/2013 Shubhash Chowk Lucky Kids 19640 3,40,981.11 Puttur 3,53,219.11 Vamsi Near Andhra Bank 23/11/2013 12238 Readymade Kodur

ITANo.468 & 469/Ind/2023 28 Navin Kumar Jain

23/11/2013 Vijay Main Market 43880 3,97,099.11 Textiles Bhavani 23/11/2013 Dinesh Bus Stand Road 15504 4,12,603.11 Readymade Husur 12-02-2013 Shrinath Rahman Plaza 15218 4,27,821.11 Garments Tenkansi 12-02-2013 Apana Emporium Bazar 10366 4,38,187.11 Stores Kandukur 12-02-2013 Railway Station Dalmiya 19000 4,57,187.11 Road Kavali 12-05-2013 C B Road Decent 3213 4,60,400.11 Hyderabad 12-05-2013 Ratan Thirayur Road 11291 4,71,691.11 Garments Musuri 12-05-2013 Sindhur Main Road Hoskot 13015 4,84,706.11 Garments 12-05-2013 New M T Market 21522 5,06,228.11 Sandhya Kovilpatti 12-05-2013 Super Market Classic 40000 5,46,228.11 Gulbarga 12-05-2013 Kannika Kannur 7237 5,53,465.11 Showroom 12-05-2013 Ganesh Main Road Medak 17677 5,71,142.11 Mens 12-05-2013 Dream M T H Market 40000 6,11,142.11 Shoppee Rasipuram 12-05-2013 Hellow Kids A B Road Sirpur 24541 6,35,683.11 12-05-2013 Bhramadam Main Road Badvel 10057 6,45,740.11 12-06-2013 Ronak Gar Veni Chowk Gadwal 30000 6,75,740.11 12-06-2013 Kamsala Street Lata 20043 6,95,783.11 Raichoty By Hand 694000 12-09-2013 1,783.11 Nitin 13/12/2013 Sindhur Shubhas Road 40000 41,783.11 Garments Anantpur 16/12/2013 Bhumi Andhra Bank Salur 12023 53,806.11 Fashion 16/12/2013 Ajanta M.G. Road Pollachi 27351 81,157.11 Garments 16/12/2013 Pooja Near Bus Stand 42200 1,23,357.11 Garments Addanki 26/12/2013 Ramu Gandhi Chowk 13764 1,37,121.11 Readymade Sirsilla 26/12/2013 Ambika Jawahar Marg 30000 1,67,121.11 Stores Osmanabad 26/12/2013 Agrawal Main Road, Mettur 23603 1,90,724.11 Hosirey 26/12/2013 Rajesh Main Road 33344 2,24,068.11 Garments Siddhipeth 26/12/2013 Radhika Near Govt Hospital 15142 2,39,210.11 Garments Bider 2,51,981.11 Shakti Old Bus Stand 26/12/2013 12771 Readymade Nirmal

ITANo.468 & 469/Ind/2023 29 Navin Kumar Jain

26/12/2013 Chandana C B Road Tadapatri 11240 2,63,221.11 26/12/2013 Renuka Govt Hospital Sillod 11138 2,74,359.11 Garments 26/12/2013 Bharat Tanga Stand Jalna 36924 3,11,283.11 Bank 50 01-04-2014 3,11,233.11 Charges Bank 50 01-04-2014 3,11,183.11 Charges 01-04-2014 New Near Masjid Mul 21021 3,32,204.11 Bhargav 01-04-2014 Shubhash Road Best One 31416 3,63,620.11 Vellur 01-04-2014 Jagrati Gandhi Chowk 10374 3,73,994.11 Garments Hingoli 01-04-2014 Rajasthan Apmc Cotton Market 13356 3,87,350.11 Bro Haveri 01-04-2014 R S Fashion P N Road Adoni 28197 4,15,547.11 01-04-2014 Ramesh Saroli Road Bellary 28198 4,43,745.11 Fashion 01-04-2014 Main Road Tharagai 7823 4,51,568.11 Cuddalore By Hand 01-07-2014 Sachin 450000 1,568.11 Pahore Sms 30 1,538.11 Charges It may be appreciated that all the above parties are out-station parties and dealers in readymade garments. The assessee sold readymade garments to these parties and received cheques from these parties which was deposited in above account. An affidavit by the assessee to the effect that deposit in above bank represents payment received against sales made to above parties was filed during assessment proceedings. Copy thereof is enclosed herewith for kind perusal.

Sales GP Rate Net Profit NP Assessment Gross Capital Capital Profit Rate Employed Turnover Year Ratio 2012-13 3,11,15,971 50,01,130 16.07 % 17,56,265 5.64 % 36,35,019 11.68 % 2013-14 3,92,07,209 59,54,088 15.19 % 22,06,831 5.63 % 50,43,363 12.86 % 2014-15 4,53,02,797 72,57,755 16.02 % 26,37,591 5.82 % 69,46,140 15.33 %

deposits made by the buyers who are dealers of the readymade garments of the assessee and the AO has not brought on record any contrary fact or material to dispute correctness of the claim of the assesse. Therefore, the entries in the account and details furnished by the assessee clearly established the fact that all these credits in the account of the account of the assesse with M/s. Dhyanradha Multi State Credit Co-operative Society are receipt against sales of goods. The amount credited in the bank account of assessee represents unaccounted sales then question of production sales and purchase bills does not arise.

6. In the case of CIT vs. Balchand Ajit Kumar (supra) the Hon’ble jurisdictional High Court has held in para 5 & 6 as under:

“5. On appreciating the rival submissions raised at the Bar, we have carefully perused the order passed by the Commissioner of Income-tax (Appeals) and also that of the Tribunal. It is not disputed that the undisclosed income was Rs. 2,57,000. The sole question that arises for consideration is whether the entire income has to be treated as profit or there should be adoption of a method of net profit income. In the case of President Industries (supra), the High Court of Gujarat in a similar matter came to hold as under: "Having perused the assessment order made by the Assessing Officer, the order made by the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal, we are satisfied that the Tribunal was justified in rejecting the application under section 256(1) It cannot be a matter of an argument that the amount of sales by itself cannot represent the income of the assessee who has not disclosed the sales. The sales only represented the price received by the seller of the goods for the acquisition of which it has already incurred the cost. It is the realisation of excess over the cost incurred that Page 31 of 37 only forms part of the profit included in the consideration of sales. Therefore, unless there is a finding to the effect that investment by way of incurring the cost in acquiring the goods which have been sold has been made by the assessee and that has also not been disclosed. In the absence of such finding of fact the question whether the entire sum of undisclosed sale proceeds can be treated as income of the relevant assessment year answers by itself in the negative. The record goes to show that there is no finding nor any material has been referred about the suppression of investment in acquiring the goods which have been found subject of undisclosed sales." (p. 655) 6. We are in respectful agreement with the aforesaid opinion inasmuch as the total sale cannot be regarded as the profit of the assessee. The net profit rate has to be adopted and once a net profit rate is adopted, it cannot be said that there is perversity of approach. Whether the rate is low or high, it would depend upon the facts of each case. In the present case net profit rate of five per cent has been applied. We do not think it appropriate that the same requires to be enhanced. We are also inclined to think that it is high. In any case, it cannot be said that there has been perversity of approach.” 6.1 Thus, the Hon’ble High Court has held that the amount of sales by itself cannot be regarded as profit of the assessee. The net profit rate has to be adopted for assessing the income from undisclosed sales. As it is apparent from the details furnished by the assessee that the assessee has offered the profit @15.19 % as against the net profit of preceding year on 5.64%. Similarly for A.Y.2014-15 the assessee has declared the income @16.02% which is the GP declared by the assessee as against the net profit of the preceding year at 5.64%. Therefore, the income offered by the assessee on undeclared sales is equivalent to the GP rate of 15.19% and 16.12% for A.Y.2013-14 & 2014-15 respectively which is around three times more than the net profit declared by the assessee. In case of CIT vs. Leo Formultations P. Ltd. (supra) the Hon’ble Gujarat High Court has held in para 7 to 9 as under:

“7. In our opinion, such exercise undertaken by CIT(Appeals) and the Tribunal on the basis of evidence on record gives no rise to the substantial question of law. This exercise is primarily in the nature of appreciation of evidence and would be based on questions of facts. Learned counsel for the Revenue, however, strenuously urged that having accepted that there was a degree of unaccounted consumption of raw materials, entire excess consumption should be added to the income since it was not shown that there was any unaccounted expenditure relatable to the production of the final goods.

material the possible profit of the assessee would have to be worked out for making actual additions. In this background, we must view the observations of CIT(Appeals), who while adopting the excess consumption of the unfinished product at 20% of the O/TAXAP/301/2014 ORDER gross sale applied the GP rate of 35% averaging three years of GP rate in the case of the assessee. Essentially, therefore, on the basis of available material on record, CIT(Appeals) had attempted to tax the income of the assessee arising out of the unaccounted consumption of raw material which would result into unaccounted sales of finished product” 6.2 Thus, the Hon’ble Gujarat High Court has upheld the finding of the CIT(A) and this tribunal to restrict the addition on unaccounted raw material from 100% to the gross profit on the corresponding unaccounted sales. Similar view has been taken by the Hon’ble Gujarat High Court in case CIT vs. Gurubachhan Singh J. Juneja (supra) in para 5 to 7 as under:

“5. Heard Mr. B.B. Naik, learned standing Counsel for the applicant Revenue and Mr. M.J. Shah, learned advocate for the respondent assessee. Mr. Naik has not been able to dislodge the findings recorded by the Tribunal that the Revenue had not proved, by bringing any material on record, that the assessee had made any investment to make the alleged unaccounted sales.

6. Hence, in absence of any material on record to snow that there was any unexplained investment made by the assessee which was reflected by the alleged unaccounted sales, the finding of the Tribunal that only the GP on the said amount can be brought to tax does not call for any interference. The Tribunal was, therefore, justified in deleting the addition of Rs. 10,85,003 made on account of unaccounted cash sales.

7. The question referred for the opinion is, therefore, answered in the affirmative i.e. in favour of the assessee and against the Revenue.” 6.3 Thus, it is settled proposition of law that the assessee cannot be taxed on the entire amount of undisclosed sales out of books but only the gross profit on such sales can be brought to tax. The Hon’ble jurisdictional High Court in case of Man Mohan Sadani vs. CIT has again considered an identical issue in para 4 to 7 as under:

“4. We have carefully perused the judgment of this Court in the case of Balchand Ajit Kumar's case (supra). From a perusal of the judgment it becomes clear that the part relied upon and quoted by the Income-tax Appellate Tribunal is in fact portion of the order of the Gujarat High Court in CIT v. President Industries [2002] 258 ITR 654 as quoted by this Court and not the operative part of the judgment of this Court in Balchand Ajit Kumar's case (supra). The relevant part of the judgment in the case of Balchand Ajit Kumar's case (supra) is reproduced below for properly appreciating the contention of learned senior counsel for the appellant: "On appreciating the rival submissions raised at the Bar, we have carefully perused the order passed by the Commissioner of Income-tax (Appeals) and also that of the Tribunal. It is not disputed that the undisclosed income was Rs. 2,57,000. The sole question that arises for consideration is whether the entire income has to be treated as profit or there should be adoption of a method of net profit income. In the case of CIT v. President Industries [2002] 258 ITR 654, the High Court of Gujarat in a similar matter came to hold as under (page 655): 'Having perused the assessment order made by the Assessing Officer, the order made by the Commissioner of Income-tax (Appeals) and the Income- tax Appellate Tribunal, we are satisfied that the Tribunal was justified in rejecting the application under section 256(1). It cannot be a matter of an argument that the amount of sales by itself cannot represent the income of the assessee who has not disclosed the sales. The sales only represented the price received by the seller of the goods for the acquisition of which it has already incurred the cost. It is the realisation of excess over the cost incurred that only forms part of the profit included in the consideration of sales. Therefore, unless there is a finding to the effect that investment by way of incurring the cost in acquiring the goods which have been sold has been made by the assessee and that has also not been disclosed. In the absence of such finding of fact the question whether the entire sum of undisclosed sale proceeds can be treated as income of the relevant assessment year answers by itself in the negative. The record goes to show that there is no finding nor any material has been referred about the suppression of investment in acquiring the goods which have been found subject of undisclosed sales.' We are in respectful agreement with the aforesaid opinion inasmuch as the total sales cannot be regarded as the profit of the assessee. The net profit rate has to be adopted and once a net profit rate is adopted, it cannot be said that there is perversity of approach. Whether the rate is low or high, it would depend upon the facts of each case. In the present Page 35 of 37 case, the net profit rate of five per cent has been applied. We do not think it appropriate that the same requires to be enhanced. We are also inclined to think that it is high. In any case, it cannot be said that there has been perversity of approach." (p. 612) 5. From a perusal of the aforesaid dicta of this Court, it is apparent that this Court while deciding the matter has held that the total sales cannot be regarded as profit of the assessee and the net profit rate which was adopted in that case has to be adopted and if it is so adopted it cannot be said that the approach of the assessing authority is perverse.

7. In the circumstances, we are of the considered opinion that question No. 1 framed by this Court deserves to be and is answered in favour of the assessee and against the Revenue and it is held that the entire sale proceeds of the assesse should not be added to his income and that the Tribunal has erred in doing so by misreading the judgment of this court in the case of Balchand Ajit Kumar (supra).”

6.4 Therefore, the addition made by the AO of the entire amount of credit in the bank account of the assessee is highly arbitrary and unjustified once the assessee has offered the income on undisclosed sales @15.19% and 16.02% for these two assessment years. Further the assessment order passed by the AO suffers from serious illegality of not considering the replies filed by the assessee as well as return of income in response to notice u/s 148 of the Act. Hence framing the assessment without considering the reply to the show cause notice of draft assessment renders the order of the AO null and void. Accordingly in the facts and circumstances of the case when the assessee has duly explained the nature of transactions of credits in the bank account as well as source of these credits being turnover of the assessee then the entire credit in Page 36 of 37 the bank account cannot be assessed to tax. The assessee has offered the income on such turnover for A.Y.2013-14 & 2014-15 @15.19 & 16.02% respectively which is equivalent to the GP declared by the assessee and three items to the net profit declared by the assessee during these years and in the preceding years. Hence, the addition made by the AO is deleted. Since the addition is made by the AO on account of credit in the bank account of the assessee for both years on identical facts therefore, in view of our finding for assessment year 2013-14 the addition made for A.Y.2014-15 stand deleted.

Order pronounced in the open court on 30.05.2024.